Sherrill wants Caldwell gone — but what if he refuses to leave?

🔴 Gov. Mikie Sherrill has demanded Lt. Gov. Dale Caldwell resign after an investigation substantiated sexual harassment and ethics violations.

⚖️ Caldwell can refuse. As an elected constitutional officer, Sherrill cannot simply fire him as lieutenant governor.

🗳️ Caldwell also serves as secretary of state and oversees elections — raising new questions just weeks before the midterms.

Sherrill wants Caldwell out — but he doesn't have to go

Gov. Mikie Sherrill has told Lt. Gov. Dale Caldwell to resign.

The question now is: What happens if he says no?

Sherrill issued the extraordinary demand after releasing an independent investigation that found Caldwell committed sexual harassment and violated state ethics rules. The report concluded Caldwell engaged in "serious, repeated violations of state policy," including conduct that continued despite warnings and training.

Mikie Sherrill (D-NJ) (L) celebrates with lieutenant gubernatorial candidate Dale Caldwell after their win during an election night watch party at the Hilton East Brunswick Hotel on November 4, 2025

Caldwell, however, is fighting back.

His attorney, Thomas Calcagni, blasted the investigation as "one-sided" and said Caldwell was denied a meaningful opportunity to answer anonymous allegations and identify witnesses. Caldwell has denied wrongdoing.

That hardly sounds like a man preparing to quietly walk away.

Caldwell can remain lieutenant governor

Micah Rasmussen, director of the Rebovich Institute for New Jersey Politics at Rider University, told New Jersey 101.5 that Caldwell and Sherrill have reached an extraordinary impasse.

"We don't know ultimately how this is going to play out," Rasmussen said. "The lieutenant governor could resign quickly and quietly. But frankly that doesn't seem to be the path he has chosen."

There is an important reason Caldwell can dig in.

Lt. Gov. Dale Caldwell can refuse to resign. As an elected constitutional officer, Gov. Mikie Sherrill cannot simply fire him as lieutenant governor. (Getty Images/TSQ illustration)

Sherrill cannot simply fire him as lieutenant governor. Caldwell was elected statewide alongside Sherrill and holds a constitutional office.

But remaining lieutenant governor doesn't necessarily mean continuing to function as one.

"She is the one who determines whether he has staff," Rasmussen said. "She's the one who determines whether he has a budget for his office. She's the one who determines whether he has responsibilities that he has to carry out."

In other words, Caldwell could conceivably remain lieutenant governor in name while being stripped of much of the machinery needed to actually do the job.

"She can make life difficult for him," Rasmussen said. "Certainly she holds all the cards."

The secretary of state problem

This gets even messier because Caldwell also serves as New Jersey's secretary of state.

That office oversees the Division of Elections, making Caldwell part of the state's election administration just weeks before the midterms.

There is legal authority suggesting a governor may remove a secretary of state for cause, but Caldwell's dual status as an elected lieutenant governor creates a largely untested constitutional question.

Mikie Sherrill can't simply fire Dale Caldwell as lieutenant governor: He holds an elected constitutional office and could resign or face impeachment. (Getty Images/Canva/TSQ Illustration)

Lawmakers have another option: impeachment. The Assembly can impeach a state officer with 41 votes, followed by a Senate trial where 27 votes would be required for conviction and removal.

For now, however, Caldwell remains lieutenant governor and secretary of state.

Sherrill has told him to go.

Caldwell appears ready to fight.

And New Jersey may be headed into constitutional territory it has never had to navigate before.

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